HISTORY  OF  THE  TITLE 


TO  A  TRACT  OF  LAND  IN  THE 


CITY  AND  COUNTY  OF  SAN  FRANCISCO  : 


BEING  A  PORTION  OP  THE 


SAN  MIGUEL  BANCHO, 


Distributed  to  the   Shareholders  February  15th,  1864. 


From  Abstracts  prepared  by  C.  V.  Gillespie,  and  other  Sources, 
February  1st,  1864. 


BY  JAMES    T.    BOYD, 

ATTORNEY  AT  LAW. 


SAN    FRANCISCO: 

TOWNE   &  BACON,  BOOK  AND  JOB   PRINTP^RS, 

No.  536  Clay  Street,  opposite  Leidesdorff. 

1864. 


University  of  California  •  Berkeley 

Purchased  from  the 
SOPHIE  S.  MCFARLAND  MEMORIAL  FUND 


HISTORY  OF  THE  TITLE 


TO  A  TRACT  OP  LAND  IN  THE 

CITY  AND  COUNTY  OF  SAN  FRANCISCO  : 

BEING  A  PORTION  OF  THE 

SAN  MIQTJEL  RANCHO, 

Distributed  to  the  Shareholders  February  15th,  1864. 


From  Abstracts  prepared  by  C.  V.  Gillespie,  and  other  Sources, 
February  1st,  1864. 


BY  JAMES   T.   BOYD, 

ATTORNEY  AT  LAW. 


SAN   FRANCISCO  : 

TOWNE  &  BACON,  BOOK  AND  JOB  PRINTERS, 

No.  536  Clay  Street,  opposite  Leidesdorff. 

1864. 


HISTORY  OF  THE  TITLE. 


The  lands  in  question  are  described  in  the  Contract  of  Sale 
hereinafter  mentioned,  as  follows  : 

All  that  certain  tract,  piece,  or  parcel  of  land  situated, 
lying,  and  being  in  the  City  and  County  of  San  Francisco, 
portion  of  the  Rancho  Saa  Miguel,  bounded  and  described  as 
follows,  viz. :  Commencing  at  a  point  where  a  line  drawn 
through  the  center  of  Alta  Street  would  intersect  a  line  drawn 
through  the  center  of  Dolores  Street,  running  thence  easterly 
along  said  center  line  of  Alta  Street  to  a  point  where  the  same 
would  intersect  a  line  drawn  through  the  center  of  Guerrero 
Street ;  thence  at  a  right-angle  southerly  along  said  last  men- 
tioned line  to  a  point  where  the  same  would  intersect  a  line 
drawn  through  the  center  of  Park  Street ;  thence  at  a  right- 
angle  westerly  along  said  last  mentioned  line  to  a  point  distant 
280  feet  westerly  from  the  westerly  line  of  Dolores  street  ; 
thence  at  a  right-angle  northerly  on  a  line  parallel  with  Dolo- 
res Street  292  feet  to  a  point;  thence  at  a  right-angle  easterly 
on  a  line  parallel  with  Park  Street  345  feet  to  a  line  drawn 
through  the  center  of  Dolores  Street ;  thence  at  a  right-angle 
northerly  along  said  last  mentioned  line  to  a  point  where  the 
same  would  intersect  a  line  drawn  through  the  center  of  Horner 
Street ;  thence  at  a  right-angle  westerly  along  said  last  men- 
tioned line  to  a  point  where  the  same  would  intersect  a  line 
drawn  through  the  center  of  Silver  or  Church  Street ;  thence 
at  a  right-angle  southerly  along  said  last  mentioned  line  292 
feet  to  a  point ;  thence  at  a  right-angle  westerly  642  feet  and 


HISTORY    OF    THE    TITLE. 


6  inches  to  a  point  in  the  center  of  Crystal  or  Sanchez 
Street ;  thence  at  a  right-angle  northerly  along  a  line  drawn 
through  the  center  of  said  Crystal  Street  584  feet  to  a  point ; 
thence  at  a  right-angle  easterly  1,308  feet  9  inches,  more  or 
less,  to  a  point  in  the  center  of  Dolores  Street ;  thence  at  a 
right-angle  northerly  along  a  line  drawn  through  the  center  of 
Dolores  Street  to  a  point  in  the  center  of  Alta  Street  at  the 
place  of  beginning. 

Excepting  and  reserving  therefrom,  however,  that  piece  or 
parcel  of  land  described  as  follows,  viz. :  Commencing  at  a 
point  formed  by  the  intersection  of  the  southerly  line  of  Horner 
Street  with  the  westerly  line  of  Guerrero  Street,  running 
thence  westerly  along  said  line  of  Horner  Street  103  feet  6 
inches ;  thence  south-westerly  on  a  line  which  is  distant  west- 
erly from  a  point  in  the  westerly  line  of  Guerrero  Street  228 
feet  south  from  Horner  Street,  on  a  line  parallel  with  Horner 
Street  129  feet,  and  from  a  point  in  said  line  of  Guerrero 
Street  292  feet  south  from  Horner  Street,  on  a  line  parallel 
with  said  Horner  Street  136  feet  8  inches  to  a  point  whence 
a  line  drawn  south-easterly  151  feet  6  inches  would  cross  said 
westerly  line  of  Guerrero  Street  at  a  point  distant  90  feet 
northerly  from  Park  Street ;  thence  south-easterly  along  said 
line  151  feet  6  inches  to  said  westerly  line  of  Guerrero  Street ; 
thence  northerly  along  said  westerly  line  of  Guerrero  Street  to 
the  corner  of  Horner  Street  at  the  place  of  beginning. 

They  comprise  Blocks  23,  24,  25,  26,  66,  85,  86,  the  east 
half  of  64,  and  portions  of  27  and  28  ;  also  portions  of  Hill, 
M,  and  Elizabeth  streets  on  the  map  of  "  Homer's  Addition." 


These  lands  form  a  part  of  the  Rancho  San  Miguel,  a  tract 
of  land  one  square  league  in  extent,  granted  to  Don  Jose  de 
Jesus  Noe  in  December,  1845,  by  Pio  Pico,  Governor  of  the 
Californias. 


HISTORY    OF    THE    TITLE. 


The  claim  of  Noe  to  these  lands  was  presented  to  the  Board 
of  U.  S.  Land  Commissioners,  was  confirmed,  and  such  pro- 
ceedings were  afterwards  had  in  the  matter  that  a  patent  under 
the  Great  Seal  of  the  United  States,  dated  March  30th,  1857, 
was  issued  to  Noe  therefor. 

Kecorded  in  Lib.  69  of  Deeds,  page  278.  See  Map  Book 
1,  page  72. 

Before  the  issuing  of  the  patent  and  pending  the  proceed- 
ings before  the  U.  S.  Land  Commissioners  for  the  confirmation 
of  the  title,  Noe  made  the  conveyance  of  the  greater  portion 
of  said  rancho  hereinafter  mentioned  to  John  M.  Horner.  The 
patent,  when  issued  by  the  Government,  inured  to  the  benefit 
of  the  grantee  of  the  patentee  and  his  successors  in  interest. 


The  chain  of  title  of  the  portions  of  said  rancho  now  under 
consideration,  from  the  patentee  to  the  present  owners,  is  as 
follows : 

On  the  second  of  August,  1853,  Koe  entered  into  an  agree- 
ment with  Charles  B.  Strode  to  sell  him  the  whole  of  said 
rancho,  with  certain  exceptions,  for  the  sum  of  $90,000.  The 
excepted  portions  as  pointed  out  to  me  on  the  map  by  the 
agent  of  your  grantors  includes  a  small  portion  only  of  your 
purchase,  to  wit :  the  south-east  portion  of  Block  No.  26. 
(Vide  post.)  Recorded  in  Lib.  2  of  Covenants,  page  105. 

August  3d,  1853,  Strode  sold  and  assigned  his  interest  in  the 
said  contract  of  sale  to  John  M.  Horner  for  the  sum  of 
$200,000.  Recorded  in  Liber  2  of  Covenants,  page  154. 

In  January,  1854,  Noe  conveyed  said  lands  to  John  M. 
Horner,  in  pursuance  of  said  contract  of  sale,  by  two  several 
conveyances,  acknowledging  therein  the  receipt  of  the  purchase 
money.  Recorded  in  Lib.  32  of  Deeds,  page  109,  and  in  Lib. 
33,  page  616. 

Soon  after  his  purchase  Horner  caused  a  portion  of  said 


HISTORY    OF    THE    TITLE. 


rancho,  including  the  lands  in  question,  to  be  surveyed  and  laid 
off  into  blocks  and  lots  and  called  it  "  Homer's  Addition,"  by 
which  name  it  is  still  known,  and  made  sales  of  several  of  such 
blocks  and  lots.  In  January,  1854,  he  conveyed  to  J.  G.  Max- 
well subdivisions  Nos.  41, 42, 43  and  44  of  Block  No.  65  (sixty- 
jive)  on  Horner  Street.  Recorded  in  Lib.  33  of  Deeds,  p.  531. 
There  are  no  lots  known  by  those  numbers  in  that  block  which 
front  on  Horner  Street  in  Horner 's  original  map  of  said  sur- 
vey. Mr.  Maxwell  has  paid  taxes  for  several  years  on  the  lots 
with  the  corresponding  numbers  in  Block  66  (sixty-six).  If 
there  is  any  error  in  Mr.  Maxwell's  deed,  or  in  the  record  of  it, 
that  cannot  affect  subsequent  purchasers  without  actual  notice 
of  his  title  or  actual  possession  by  him  under  it. 

Afterwards,  and  in  February,  1854,  J.  M.  Horner  mort- 
gaged the  lands  so  acquired  by  him  to  0.  K.  Garrison.  For 
proceedings  under  the  mortgage  see  post, 

March  16th,  1855,  Horner  conveyed  his  interest  in  that  por- 
tion of  the  rancho  which  includes  the  lands  in  question  to 
William  Y.  Horaer.  Recorded  in  Lib.  51  of  Deeds,  p.  502. 

September  8th,  1855,  William  Y.  Horner  conveyed  said 
portion  of  the  rancho,  with  certain  exceptions,  to  Charles  W. 
Cook  (recorded  in  Lib.  55  of  Deeds,  p.  320),  and  on  Novem- 
ber 17th,  1855,  John  M.  and  William  Y.  Horner  united  in  a 
conveyance  to  said  Cook  of  all  their  interest  in  the  whole 
rancho.  Recorded  in  Lib.  53  of  Deeds,  page  642. 

December  22d,  1855,  Charles  W.  Cook,  by  his  attorney  in 
fact  John  Cook,  Jr.,  conveyed  the  portion  of  said  rancho  de- 
rived to  him  under  the  conveyance  from  William  Y.  Horaer 
to  Thomas  Beaver  and  Benjamin  Farnham,  of  Philadelphia, 
(recorded  in  Lib,  61  of  Deeds,  page  23),  and  on  June  17th. 
1856,  executed  to  them  a  deed  of  confirmation  of  said  last 
mentioned  conveyance.  Recorded  in  Lib.  62  of  Deeds,  p.  309. 

December  10th,  1862,  Beaver  and  Farnbam  commenced  an 
action  of  ejectment  in  the  Twelfth  District  Court  against  Gard- 

1* 


HISTORY    OF   THE    TITLE.  11 

ner  S.  Hall  and  Samuel  S.  Thompson  to  recover  possession  of 
Blocks  64  and  66  and  other  property.  The  defendants  ap- 
peared by  William  S.  Fitch,  Esq.,  their  attorney,  and  on 
March  2d,  1863,  a  stipulation  was  entered  into  by  him  with 
the  plaintiffs  and  filed  in  said  action,  allowing  plaintiffs  to  take 
judgment  again t  defendants  for  Blocks  66  and  64,  excepting  a 
portion  of  the  western  half  of  the  last  mentioned  block. 

Pending  said  suit  and  on  the  twelfth  of  February,  1862, 
Hall  and  Thompson  conveyed  their  interest  in  said  Blocks  64 
and  66  to  said  William  S.  Fitch.  Recorded  in  Lib.  156  of 
Deeds,  page  223. 

April  20th,  1863,  Beaver  and  Farnham,  of  Philadelphia, 
conveyed  their  interest  in  said  rancho  to  George  W.  Beaver,  of 
San  Francisco.  Eecorded  in  Lib.  210  of  Deeds,  page  212. 

August  28th,  1863,  George  W.  Beaver  conveyed  all  his 
interest  in  said  rancho  to  J.  B.  Bayerque  and  Levi  Parsons. 
Recorded  in  Lib.  207  of  Deeds,  page  212. 

December  21st,  1863,  Charles  W.  Cook  conveyed  all  his 
interest  in  said  rancho  to  F.  L.  A.  Pioche  and  Levi  Parsons. 
Recorded  in  Lib.  224  of  Deeds,  page  213. 

November  4th,  1862,  William  Y.  Homer  conveyed  all  his 
interest  in  said  rancho  to  Henry  Pichoir.  Recorded  in  Liber 
186  of  Deeds,  page  356. 

February  llth,  1863,  Henry  Pichoir  conveyed  all  his  inter- 
est in  said  rancho  to  J.  B.  Bayerque.  Recorded  in  Lib.  228  of 
Deeds,  p.  385. 

CHAIN   OF   TITLE  UNDER  THE  GARRISON 
MORTGAGE. 

It  is  mentioned  above  that  John  M.  Horner  mortgaged  his 
interest  in  the  lands  conveyed  to  him  by  Noe  to  C.  K.  Garri- 
son. This  mortgage  is  dated  February  4th,  1854,  and  was 
given  to  secure  the  payment  of  $50,000  with  interest,  and  is 


HISTORY    OF    THE    TITLE.  13 

recorded  in  Lib.  15  of  Mortgages,  page  108.  Mr.  Garrison 
released  Blocks  64,  66  and  86  from  the  lien  of  this  mortgage 
(Liber  4  of  Releases, ^age  529),  and  then  assigned  it  to  Sam- 
uel Moss,  Jr.  Liber  18  of  Mortgages,  page  64. 

May  6th,  1854,  Homer  mortgaged  his  interest  in  said  lands  to 
Joseph  C.  Palmer  to  secure  the  payment  of  two  notes  amount- 
ing to  $63,033.97  and  interest,  to  Palmer  and  Edward  Jones, 
payable  in  September,  1854.  Eecorded  in  Lib.  17  of  Mort- 
gages, page  448. 

[NOTE. — This  mortgage  ceased  to  be  a  lien  on  the  property 
in  September,  1858,  unless  such  lien  was  previously  divested 
by  the  foreclosure  proceedings  next  hereinafter  mentioned.] 

In  April,  1855,  S.  Moss,  Jr.,  commenced  an  action  in  the 
Fourth  District  Court  against  John  M.  Horner,  William  T. 
Homer,  Jose  de  Jesus  Noe,  Joseph  0.  Palmer,  Edward  Jones, 
and  others,  to  foreclose  the  mortgage  to  O.K.  Garrison,  and 
such  proceedings  were  had  therein  that  afterwards  and  on  the 
fifth  day  of  November,  1856,  the  Sheriff  of  the  County  of 
San  Francisco,  in  pursuance  of  a  sale  previously  made  by  him 
under  the  decree,  entered  in  said  action,  conveyed  said  rancho 
(excepting  the  blocks  and  tracts  of  land  which  had  been  re- 
leased from  the  mortgage)  to  Theodore  F.  Moss.  Recorded  in 
Lib.  62  of  Deeds,  page  580. 

July  3d,  1857,  Theodore  F.  Moss  conveyed  his  interest  in 
said  rancho  to  Adolph  E.  Borie,  of  Philadelphia.  Recorded 
in  Lib.  69  of  Deeds,  page  298. 

February  29th,  1860,  Adolph  E.  Borie,  by  J.  Mora  Moss 
his  attorney  in  fact  (see  Liber  9  Powers  of  Attorney,  p.  227), 
conveyed  his  interest  in  said  rancho  to  Francois  L.  A.  Pioche. 
Recorded  in  Liber  106  of  Deeds,  page  85. 

June  21st,  1860,  F.  L.  A.  Pioche  conveyed  21-100ths  of 
said  rancho  to  Cornelius  K.  Garrison.  Recorded  in  Lib.  109 
of  Deeds,  page  342. 

June  27th,  1860,  F.  L.  A.  Pioche  commenced  an  action  in 


HISTORY    OF   THE    TITI>E,  15 


the  Twelfth  District  Court  against  the  City  and  County  of 
San  Francisco  and  the  Commissioners  of  the  Funded  Debt  of 
said  City  defendants,  to  quiet  his  title  to  the  San  Miguel 
Bancho  as  against  such  defendants,  and  such  proceedings  were 
had  therein  that  on  the  first  day  of  March,  1862,  an  order  was 
entered  that  plaintiff  have  judgment  according  to  the  prayer 
of  his  complaint. 

June  27th,  1860,  C.  K.  Garrison,  by  William  E.  Garrison 
his  attorney  in  fact  (see  Liber  6  Powers  of  Attorney,  p.  600, 
and  Liber  9,  p.  130),  conveyed  the  interest  derived  to  him 
under  the  last  mentioned  conveyance  to  Levi  Parsons  and  John 
B.  Felton.  Keeorded  in  Liber  162  of  Deeds,  page  79. 

F.  L.  A.  Pioche  by  deed  dated  May  25th,  1860,  acknowl- 
edged August  7th,  1860,  conveyed  44-500ths  of  said  rancho  to 
John  Benson.  Becorded  in  Liber  114  of  Deeds,  page  131. 

August  15th,  1860,  John  Benson  conveyed  said  interest  id 
Levi  Parsons.  Becorded  in  Liber  157  of  Deeds,  page  391. 

January  7th,  1861,  Levi  Parsons  conveyed  said  interest  to 
Benjamin  Belloc.  Becorded  in  Liber  121  of  Deeds,  p.  559. 

June  6th,  1862,  Benjamin  Belloc,  by  Henry  Barroilhet  his 
attorney  in  fact  (see  Liber  7  Powers  of  Attorney,  page  9),  re- 
conveyed  said  interest  to  Leyi  Parsons.  Becorded  in  Liber 
157  of  Deeds,  page  395. 

June  19th,  1862,  John  B.  Felton  conveyed  his  interest  in 
said  rancho  to  F.  L.  A.  Pioche  and  Levi  Parsons.  Becorded 
in  Liber  167  of  Deeds,  page  36. 

[NOTE. — In  the  record  of  several  of  the  foregoing  convey- 
ances of  the  rancho  by  metes  and  bounds,  courses  and  dis- 
tances, there  are  errors  in  some  of  the  courses,  but  I  have  not 
deemed  it  necessary  to  call  attention  to  them  as  there  are  also 
general  words  of  description  which  embrace  the  whole  lands 
intended  to  be  conveyed  thereby.] 


HISTORY    OF    THE    TITLE.  17 


AS  TO  BLOCK  86  IN  HORNER'S  ADDITION. 

This  block  was  released  from  the  mortgage  to  C.  K.  Garri- 
son as  above  mentioned.  The  legal  title  to  it  passed  by  the 
conveyances  also  above  mentioned  from  John  M.  and  William 
Y.  Homer  to  Charles  W.  Cook,  and  by  the  conveyance  from 
the  latter  through  Beaver  and  Farnham  and  G.  W.  Beaver  to 
J.  B.  Bayerque  and  Levi  Parsons,  or  by  the  conveyance  from 
C.  W.  Cook  to  Pioche  and  Parsons  above  mentioned. 

CHAIN  OF  TITLE  UNDER  HOLLUB  MORTGAGE. 

March  14th,  1854,  John  M.  Horner  made  a  mortgage  to 
A.  Hollub,.  covering  Block  86  and  other  property,  to  secure 
the  payment  of  $8,000.  Recorded  in  Liber  16  of  Mortgages^ 
page  342. 

He  afterwards  mortgaged  his  interest  in  the  whole  rancho  to 
Joseph  C.  Palmer  as  above  mentioned. 

September  20th,  1855,  A.  Hollub  commenced  an  action  in 
the  Twelfth  District  Court  against  John  M.  Horner,  William 
T.  Horner,  Joseph  C.  Palmer,  Edward  Jones,  and  others,  to 
foreclose  his  said  mortgage.  This  was  after  the  conveyance  to 
C.  W.  Cook  by  William  Y.  Horner  (vide  ante).  C.  W.  Cook 
was  not  made  a  party  to  this  action.  Such  proceedings  were 
had  therein  that  afterwards  and  on  the  twenty-seventh  day  of 
October,  1856,  the  Sheriff  of  the  County  of  San  Francisco, 
in  pursuance  of  a  sale  previously  made  by  him  under  the  decree 
in  said  action,  conveyed  said  block  and  other  property  to  the 
plaintiff.  Recorded  in  Liber  63  of  Deeds,  page  667. 

August  15th,  1860,  A.  Hollub  commenced  an  ejectment  suit 
in  the  Twelfth  District  Court  against  Gardner  S.  Hall,  Samuel 
S.  Thompson,  and  others,  to  recover  possession  of  said  Block 
86  and  other  property,  which  suit  is  still  pending. 


HISTORY    OF    THE    TITLE.  19 

August  27th,  1862,  A.  Hollub  conveyed  said  Block  86  and 
other  property  to  H.  G.  Livermore.  Kecorded  in  Liber  175 
of  Deeds,  page  110. 

And  on  the  same  day  H.  G.  Livermore  conveyed  an  undi- 
vided quarter  of  the  same  property  to  C.  C.  Webb.  Recorded 
in  Liber  181  of  Deeds,  page  292. 

October  5th,  1863,  H.  G.  Livermore  and  0.  C.  Webb  con- 
veyed said  Block  86  and  other  property  to  J.  H.  Applegate. 
Eecorded  in  Liber  213  of  Deeds,  page  347. 

December  28th,  1863,  J.  H.  Applegate  conveyed  to  F.  L.  A. 
Pioche  and  Levi  Parsons  said  Block  86.  Eecorded  in  Liber 
228  of  Deeds,  page  382. 

AS  TO  THE  S.  E.  CORNER  OF  BLOCK  26. 

By  referring  to  the  contract  between  Noe  and  Strode  above 
mentioned  and  the  conveyances  in  pursuance  of  it,  it  will  be 
seen  that  Noe  excepted  thereout  certain  portions  of  said 
rancho.  The  excepted  portions  included  a  small  strip  of  land 
in  the  south-east  corner  of  Block  26,  and  with  adjoining  lands 
formed  what  is  commonly  known  as  Noe's  Reserve. 

After  such  conveyances  were  made  and  recorded,  and  on 
February  1st,  1854,  one  William  Cummings  commenced  an 
action  in  the  Fourth  District  Court  against  Jose  de  Jesus  Noe, 
alleging  that  Noe  had  theretofore  conveyed  to  him  a  tract  of 
land,  portion  of  San  Miguel  Rancho,  describing  it ;  that  he 
had  lost  his  deed,  and  praying  that  defendant  might  be  decreed 
to  execute  to  him  a  new  deed  for  same  premises. 

No  notice  of  the  pendency  of  this  action  appears  to  have 
been  filed.  The  agent  of  Messrs.  Pioche  and  Parsons  informs 
me  that  the  plaintiff  was  never  in  the  actual  possession  of  the 
premises  described  in  his  complaint. 

.    The  action  could  not,  therefore,  affect  any  of  the  lands  de- 
scribed which  had  been  conveyed  without  notice  of  Cummings' 


HISTORY    OF    THE    TITLE.  21 

title  previously  to  the  conveyance  from  said  Noe  to  Cummings 
next  hereafter  mentioned. 

In  April,  1859,  Cummings  recovered  a  judgment  in  said 
action  against  Noe  according  to  the  prayer  of  his  complaint. 

May  10th,  1859,  Jose  de  Jesus  Noe  made  a  quitclaim  deed 
of  said  premises  to  said  Cummings,  reciting  therein  that  it  was 
made  in  obedience  to  said  judgment.  Kecorded  in  Liber  92 
of  Deeds,  page  418. 

Previous  to  the  conveyance  to  William  Cummings  and  on 
March  5th,  1858,  Jose  de  Jesus  Noe  conveyed  an  undivided 
half  interest  in  said  rancho  to  Kichard  Roman,  Isaac  N. 
Thorne,  and  Tully  K.  Wise.  This  conveyance  would  operate 
on  the  lands  excepted  out  of  the  contract  with  Strode  and  the 
conveyances  executed  in  pursuance  of  it  which  had  not  been 
previously  conveyed  by  Noe. 

February  21st,  1863,  William  Cummings  conveyed  the  tract 
of  land  so  conveyed  to  him  by  Noe  to  William  S.  Fitch. 
Eecorded  in  Liber  195  of  Deeds,  page  26. 

April  16th,  1863,  William  S.  Fitch  conveyed  the  portion  of 
such  tract  which  includes  the  south-east  corner  of  Block  26  to 
J.  B.  Bayerque.  Recorded  in  Liber  191  of  Deeds,  page  322. 

December  22d,  1863,  Roman,  Wise,  and  Thorne  conveyed 
their  interest  in  said  Block  No.  26,  bounded  by  Guerrero, 
Dolores,  Homer,  and  M  streets,  to  J.  B.  Bayerque.  Recorded 
in  Liber  229  of  Deeds,  page  221. 

In  the  spring  of  1862  Noe  died,  leaving  a  will,  and  leaving 
him  surviving  his  widow  Catarina  Valencia,  and  his  sons 
Miguel,  Josd  Jesus,  and  Yicente  Noe,  and  his  daughter  Maria 
Dolores  Noe,  his  only  heirs  at  law. 

Noe's  Homestead  appears  from  the  will  to  be  situated  on 
Center  street,  at  the  Mission  Dolores. 

It  will  be  seen  that  Noe  had  parted  with  all  his  interest  in 
the  Reserve  previous  to  his  death. 


HISTORY    OF   THE    TITLE.  23 


Subsequently,  the  following  described  instruments  were  ex- 
ecuted and  recorded. 


August  5th,  1862,  Catarina  Valencia  de  Noe  conveyed  to 
F.  L.  A.  Pioche  and  Levi  Parsons  the  tract  of  land  which 
includes  the  south-east  portion  of  Block  26  and  commonly 
known  as  the  Noe  Keserve.  Eecorded  in  Liber  171  of  Deeds, 
page  181. 

April  16th,  1863,  J.  B.  Bayerque  conveyed  to  Miguel  Noe 
the  portions  of  Noe's  Keserve  contained  in  Blocks  26,  27,  28, 
10, 11,  and  12,  on  Homer's  Map,  excepting  a  portion  of  Block 
10.  Kecorded  in  Liber  196  of  Deeds,  page  359. 

June  10th,  1863,  Miguel  Noe  and  wife  conveyed  to  William 
Jones  the  portions  of  Blocks  27  and  28  included  in  the  excep- 
tion mentioned  in  the  Contract  and  Deed  to  the  San  Francisco 
Homestead  Union.  Eecorded  in  Liber  202  of  Deeds,  page 
288. 

October  27th,  1863,  Miguel  Noe,  Maria  Dolores  Noe,  and 
Jose  de  Jesus  Noe  conveyed  to  F.  L.  A.  Pioche  and  Levi 
Parsons  the  portion  of  Block  26  under  consideration,  describ- 
ing it  as  being  on  the  north-west  corner  of  Guerrero  and 
Horner  streets,  running  north  on  Guerrero  Street  61)^  feet, 
thence  north  86°  30'  west  88  i  feet,  thence  south  2°  west 
73%  feet  to  Horner  Street,  and  thence  easterly  on  Horner 
Street  96  feet  to  the  place  of  commencement.  Kecorded  in 
liber  218  of  Deeds,  page  217. 


So  far,  I  have  traced  the  title  to  these  premises  into  F.  L. 
A.  Pioche,  J.  B.  Bayerque,  and  Levi  Parsons  by  the  chain  of 
conveyances,  without  adverting  to  the  mortgages  which  have 


HISTORY    OF    THE    TITLE.  25 

at  different  times  existed  upon  the  whole  or  portions  of  the 
premises  in  question  made  by  the  holders  of  the  legal  title  for 
the  time  being,  and  which  have  been  disposed  of  otherwise 
than  by  foreclosure.  I  will  now  take  up  the  consideration  of 
these  mortgages  and  show  what  disposition  was  made  of  them. 

1.  John  M.  Horner  to  J.  C.  Palmer,  May  6th,  1854.    (Vide 
ante.) 

2.  Levi  Parsons  and  John  B.  Felton  to  C.  K.  Garrison — 
Mortgage  for  $20,000  :  June  27th,  1860.     Recorded  in  Liber 
53,  page  331.    Satisfied  July  12th,  1862,  in  margin  of  Record. 

3.  Levi  Parsons  and  John  B.  Felton  to  Benjamin  Belloc — 
Mortgage  of  21-100ths  of  Rancho  for  $5,500  :  July  9th,  1861. 
Recorded  in  Liber  67  of  Mortgages,  page  448.      Satisfied 
June  9th,  1862.     Liber  20  Releases,  page  260. 

4.  William  S.  Fitch  to  G.  S.  Hall  and  S.  S.  Thompson- 
Mortgage  of  Blocks  64,  66,  and  other  property  for  $4,000  : 
February  12th,  1862.     Recorded  in  Liber  81  of  Mortgages, 
page  18.     Satisfied  February  2d,  1863,  in  margin  of  Record. 

5.  H.  G.  Livermore  to  A.  Hollub — Mortgage  of  Block  86 
and  other  property  for  $11,500 :    August/  27th,  1862.     Re- 
corded in  Liber  89  of  Mortgages,  page  122.     Satisfied  Sep- 
tember 5th,  1863,  in  margin  of  Record. 

6.  Levi  Parsons  and  John  B.  Felton  to  Abel  Guy — Mort- 
gage for  $15,000  :  September  12th,  1862.    Recorded  in  Liber 
87  of  Mortgages,  page  384.    A  release  of  the  lands  in  ques- 
tion  from   this  mortgage,   dated   December   30th,   1863,   is 
recorded  in  Liber  27  of  Releases,  page  92. 

7.  Miguel  Noe,  Maria  Dolores  Xoe,  and  Jose  de  Jesus  Noe 
to  J.  B.  Bayerque — Mortgage  of  part  of  Block  26  and  other 
property  for  $4,000  :  April  16th,  1863.     Recorded  in  Liber 
98  of  Mortgages,  page  126.     Unsatisfied  of  Record,  but  see 
covenant  against  incumb ranees  in  the  contract  of  sale  herein- 
after mentioned. 


HISTORY    OF    THE    TITLE.  27 

TAX  TITLES, 

For  the  taxes  of  the  fiscal  year  1858-59,  Blocks  25,  26,  27, 
28,  parts  of  Blocks  64  and  66  were  sold  to  D.  S.  Roberts. 

October  31st,  1863,  Daniel  S.  Roberts  conveyed  all  his  in- 
terest in  the  Rancho  San  Miguel  as  patented  to  Jose  de  Jesus 
Noe  by  the  United  States,  except  certain  blocks  (stated  there- 
in to  have  been  conveyed  by  deed  of  even  date  to  Bayerque 
and  Parsons),  to  F.  L.  A.  Pioche  and  Levi  Parsons.  The 
interest  conveyed  is  described  as  being  that  acquired  by  him 
under  and  by  virtue  of  certain  tax  deeds  and  certificates  under 
sale  thereof  for  City  and  County  taxes.  Recorded  in  Liber 
219  of  Deeds,  page  213. 

October  31st,  1863,  Daniel  S.  Roberts  conveyed  all  his 
interest  in  Blocks  32,  63,  64,  65,  66,  89,  90, 130, 132, 135,  and 
139  on  Horner7s  map  to  J.  B.  Bayerque  and  Levi  Parsons, 
Recorded  in  Liber  213  of  Deeds,  page  215. 

For  the  taxes  of  the  same  year  on  Blocks  23  and  24,  a  lot 
on  the  south-east  corner  of  Alta  and  Guerrero  streets,  six 
inches  on  Guerrero  by  five  hundred  and  sixty  feet  on  Alta 
Street,  was  sold  to  Ch's  Seitt,  and  a  deed  issued  to  him  there- 
for July  2d,  1859. 

It  will  be  seen  by  reference  to  the  map  that  the  sale  is  of  a 
lot  in  the  block  adjoining  on  the  east,  and  consequently  does 
not  affect  the  title  to  the  blocks  in  question. 

For  the  taxes  of  the  same  year,  subdivision  13  of  Block  64, 
was  sold  to  /.  A.  Gauley. 

For  the  taxes  of  the  fiscal  year  1861-62,  Lots  1  to  42  in 
Block  64,  were  sold  to  /.  A.  Gauley. 

December  14th,  1863,  James  A.  Gauley  conveyed  all  his 
interest  in  the  Rancho  San  Miguel  to  F.  L.  A.  Pioche  and 
Levi  Parsons.  Recorded  in  Liber  224  of  Deeds,  page  264. 

For  the  taxes  of  the  fiscal  year  1858-59,  Block  No.  86  was 
sold  to  S.  W.  Rozenstock. 


HISTORY    OF    THE    TITLE.  29 

November  21st,  1859,  S.  "VV.  Rozenstock  conveyed  all  his 
interest  in  Block  86  and  other  property,  such  interest  having 
been  derived  at  tax  sale  on  December  17th,  1858,  to  A.  Hol- 
lub.  Kecorded  in  Liber  95  of  Deeds,  page  538. 

For  conveyance  by  Hollub,  see  deed  from  A.  Hollub  to  H 
G.  Livermore  (ante). 

For  the  taxes  of  the  fiscal  year  1859-60,  portions  of  Blocks 
23,  25,  26,  27,  28,  and  85,  were  sold  to  John  Barkeloo. 

For  the  taxes  of  the  fiscal  years  1862-63,  part  of  Block  64 
was  sold  to  John  Barkeloo. 

4John  Barkeloo  conveyed  all  his  interest  in  Block  26  and 
other  property  to  J.  B.  Bayerque.  Recorded  in  Liber  of 
Deeds,  page 

December  28th,  1863,  John  Barkeloo  conveyed  all  his  in- 
terest in  the  Eancho  San  Miguel  patented  to  Jose  de  Jesus 
Noe,  to  F.  L.  A  Pioche  and  Levi  Parsons.  Eecorded  in 
Liber  224  of  Deeds,  page  267. 

For  the  taxes  of  the  fiscal  year  1860-61,  part  of  Block  28, 
100  feet  on  Elizabeth  by  114  feet  on  Dolores  Street,  was  sold 
to  D.  J.  McCarthy. 

May  25th,  1863,  D.  J.  McCarthy  conveyed  said  portion  of 
Block  28  to  Francis  Ready.  Recorded  in  Liber  201  of  Deeds, 
page  332. 

January  5th,  1864,  Francis  Ready  conveyed  said  portion  of 
Block  -28  to  F.  L.  A.  Pioche  and  Levi  Parsons.  Recorded  in 
Liber  225  of  Deeds,  page  207. 


December  26th,  1863,  Francois  L.  A.  Pioche,  J.  B.  Bay- 
erque, and  Levi  Parsons  entered  into  an  agreement  in  writing 
with  the  "  San  Francisco  Homestead  Union,"  whereby  they 
agreed  to  sell  and  convey  to  said  Union  for  the  price  or  sum 


HISTORY    OF    THE    TITLE. 


31 


of  $45,000,  payable  as  therein  provided,  the  lands  as  in  the 
beginning  described  with  covenant  against  grantors'  acts,  on 
full  payment  of  the  purchase  money,  and  to  make  them  a  good, 
clear,  unincumbered  title  thereto.  The  agreement  also  con- 
tains special  covenants  in  relation  to  streets  in  said  tract. 
Recorded  in  Liber  5  of  Covenants,  page  108. 

February  19th,  1864,  F.  L.  A.  Pioche,  Levi  Parsons,  and  J. 
B.  Bayerque  by  F.  L.  A.  Pioche  his  attorney  in  fact  (see  9  of 
Powers,  page  370),  conveyed  the  lands  first  above  described 
and  last  hereinabove  .mentioned  to  the  San  Francisco  Home- 
stead Union  by  deed  of  bargain  and  sale,  acknowledging  there- 
in receipt  of  the  whole  purchase  money.  Recorded  in  Liber 
231  of  Deeds,  p.  274. 


I  am  informed  that  on  the  fifteenth  day  of  February,  1864, 
in  accordance  with  its  Indenture  of  Association  and  By-Laws, 
the  San  Francisco  Homestead  Union  distributed  this  land  as 
subdivided  among  its  shareholders,  and  on  the  twenty-third 
day  of  February,  1864,  conveyed  the  lots,  as  numbered  and 
designated  upon  the  accompanying  diagram,  to  the  following 
named  persons  then  shareholders  : 


Lot.  Grantee. 

1 . .  Ga.  Fisher. 
2.. Ga.  Fisher. 
3.. Jos.  Rich. 

4.  .S.  Irving. 

5.  .S.  Irving. 
6..G.  W.  Houser. 
7.. A.  Stephan. 

8.  .0.  Christiansen. 

9 . .  L.  Hyams. 
10.. C.  Bartlett. 
11 . .  A.  N.  McLane. 
12.. R.  W.  Coon. 
13.. R.  W.  Coon. 


Lot.  Grantee. 

14.. B.  H.  Randolph. 
15..B.  H.Randolph, 
16..B.  H.Randolph. 
17 . .  C.  Monypenny. 
1 8.. D.  McMillan. 
19..C.S.  Capp. 
20.. D.  Ring. 
21.. J.  B.  Bourne. 
22..W.  J.Gracey. 
23..  F.Werner. 
24.  .Deloche  &  Corthay. 
25.. B.  H.  Randolph. 
26..J.  M.Peck. 


HISTORY    OF    THE    TITLE. 


33 


Lot.  Grantee. 

27..W.  E.  McKee. 

28.. Pauline  Collins. 

29.. E.  M.  Cottrell. 

30.. S.  W.  Dick. 

31.. J.  Bacon. 

32.. J.  Linforth. 

33.. C.  S.  Capp. 

34..E.EIlery. 

35..  W.Walsh. 

36.. John  Taylor. 

37..  John  Taylor. 

38.. Fred.  Seibel. 

39.  .A.  L.  Loring's  estate. 

40.. Paul  Torquet. 

41 . .  Jos.  Moore. " 

42.. W.  Matheson. 

43..E.Ellery. 

44..S.H.  Meeker's  Estate. 

45 . .  S.  H.  Meeker's  Estate. 

46.. A.  H.  Henderson. 

47.  .A.  H.  Henderson. 

48.. L.  A.  Booth. 

49..  G.  W.  Fisher. 

50 . .  Emma  C.  Davis. 

51.. George  Childs. 

52.. Ed.  Denny. 

53.. Ed.  Denny. 

54.. S.  Theodore. 

55.. D.  D.  Maynard. 

56.. Thos.  Miller. 

57.  .E.  C.  Downs. 

58.. P.  J.  Kennedy. 

59.. P.  J.  Kennedy. 

60.. S.  Theodore. 

61.. E.  Denny. 

62.. J.  D.  Enas. 

63.. E.  White. 

64.. J.  J.  Scotchler. 

65..  J.  H.  Page. 

66.. Jos.  Eich. 

67.. D.  S.  Sheldon. 


Lot.  Grantee. 

68.. F.  Buel. 

69..J.  M.Peck. 

70..  W.Walsh. 

71.. H.  S.  Brooks. 

72..  J.  W.  Cox. 

73..G.W.  Fisher. 

74.. G.W.  Fisher. 

75.. L.  E.  Mills. 

76.. W.  Bartlett. 

77.. W.  Bartlett. 

78..  C.  1ST.  Mann. 

79..  W..  Walsh. 

80.. Hunter,  Wand  &  Co. 

81.. H.  S. Wheeler. 

82 . .  Samuel  Moffatt. 

83.. J.  M.  Shotwell. 

84.  .J.  A.  Crabtree. 

85.. H.  Feige. 

86..J.W.  Fuller. 

87.. D.  Eing. 

88..D.H.  Hendee: 

89.. H.  C.  Buster. 

90..  M.  W.Willis. 

91.. W.  Whitfield. 

92.. W.  Whitfield. 

93. .  Jas.  Tompson. 

94.  .Jas.  Tompson. 

95..D.B.  Brown. 

96.  .J.  E.  Ashcom. 

97.. D.  H.  Hendee. 

98.. A.  P.  Everett. 

99.. F.  L.  Hanks. 
100.. M.  E.  Whitfield. 
101.. W.  Whitfield. 
102..W.  Walsh. 
103.. C.  S.Higgins. 
104..E.  Ellery. 
105.. E.  F.  Maxfield. 
106.  .Isidore  Burns. 
107..  Alex.  Boyd's  Estate. 
108.  .E.  Cunning. 


HISTORY    OF   THE 

TITLE. 

35 

Lot.           Grantee.                              Lot. 

Grantee. 

109.  .  J.  C.  Van  Rensselaer. 

134. 

.  L.  Englander. 

110..  0.  F.  Giffin. 

135. 

.Isabella  Ford. 

111..O.  F.  Giffin. 

136. 

.  C.  S.  Higgins. 

112..  J.  C.  Johnson. 

137. 

.  Geo.Wheeler. 

113..  Moses  S.  Senter. 

138. 

.E.  F.  Maxfield. 

114..  A.  N.  McLane. 

139. 

.0.  Lawton. 

115.  .John  Mason. 

140. 

.J.  H.  Small. 

116.  .Sam'l  Foster's  Estate. 

141. 

.J.  H.  Small. 

11  7..  P.  Carter. 

142. 

.W.  A.  Frey. 

11  8..  Richard  Doyle. 

143. 

.T.  H.  Douglas. 

119..N.  S.  Coon. 

144. 

.  C.  T.  McEachran. 

120..  N.  S.  Coon. 

145. 

.  H.  W.  Hathorne. 

121..  N.  S.  Coon. 

146. 

.  J.  C.  Collins. 

122..  John  Alsop. 

147. 

.W.  Southwick. 

123..  Sarah  Enscoe. 

148. 

.  C.  A.  Way. 

124..  Sam'l  Aitken. 

149. 

.  John  C.  More. 

125.  .  J.  C.  Yan  Rensselaer. 

150. 

.H.H.Ellis. 

126..  R.  W.  Coon. 

151. 

.H.  L.  Davis. 

127..W.  P.Davidson. 

152. 

.R.  C.  Paxson. 

128..  Geo.  Davidson. 

153. 

.A.  Whitton. 

129..  A.  J.  Merriara. 

154. 

.  G.  Davidson. 

130..J.  E.  Steckler. 

155. 

.  Ed.  Jones. 

131..Q.  A.  Chase. 

156. 

.W.  Southwick. 

132..C.  Martin. 

157. 

.R.  Perry. 

133..  M.  Calkin. 

Published  by  order  of  the  Board 

of  Directors  of  the 

San 

Francisco  Homestead  Union,  for  the 

use  of  the  Shareholders. 

CHARLES 

S.  CAPP,  Secretary. 

San  Francisco,.  Feb.  23,  1864. 

